5409Appeals to Court of Appeal—serving notice of appeal and

5409 Appeals to Court of Appeal—serving notice of appeal and case summary (1) The appellant must serve on each respondent— (a) a sealed copy of the notice of appeal; and (b) a stamped copy of the case summary.

Rule 5409 (2) The notice of appeal and case summary must be served— (b) on a respondent at the respondent’s address for service in the proceeding in which the order appealed from was made. (3) However, if the appeal is from an order refusing an application made without notice, the notice of appeal and case summary need not be served on anyone unless the Court of Appeal otherwise orders on application by an interested person or on its own initiative. (4) On application by a party to the appeal or on its own initiative, the Court of Appeal may order the appellant to serve the notice of appeal and case summary on anyone else. (5) The appellant must serve the notice of appeal under subrule (1) not later than 7 days after the day the notice is filed, but no later than 5 days before the day for settling the appeal papers, unless the Court of Appeal otherwise orders. (6) If the Court of Appeal makes an order under subrule (5), the registrar must make a note of the order on the notice of appeal.

Rule 5410